nunc pro tunc approval for my spouse

[abhiranjank]

Hi,
me and my wife are here in US for last 3 years. Our H1B and her H4 expired on 1st Oct 2002, my employer's lawyer filed for my extension and got it approved in May 2003. Thats when I came to know that my wife's H4 extension approval was not filed. Lawyers did file on 19th May 2003, more than 180 days after her H4 expired and requested for nunc pro tunc ( to get approval for backdate along with future dates).

TSC approved her application for future date, ie on the approval dates, it did put from 19thMay2003(when TCS received application) till 31st July 2004. TSC didnot say anything about nunc pro tunc and about date from 2nd Oct 2002 to 18th May 2003. Lawyers didnot get the original approval ( got courtsey copy), so they requested for original and again requested for nunc pro tunc. We got the original approval today which again has date from 19thMay2003 till 31st July2004.
So, how does this impact her status? What are the chaces of having problem while re-entring US next time? What should we be putting in future on the travel/visa application form where it says 'did you overstay in US'?

thanks and regards,
Abhi

[tandy_13]

Similar problem

I have a similar problem. Applied for nunc pro tunc from 7/1/05 (8/15/05 receipt date by USCIS). Petition approved 8/30/05 but approval notice says valid from 8/30/05; no mention made of the period from 7/1/05 to 8/30/05 when I was out of status.
Anybody with similar experience please advice.

[fhais2k]

Hi Abhiranjank,

I'm on similar boat now. Do you have answers for "how does this impact her status? What are the chances of having problem while re-entering US next time? What should we be putting in future on the travel/visa application form where it says 'did you overstay in US'? "

Your help is greatly appreciated!

[fhais2k]

Hi Abhiranjank,

I'm on similar boat now. Do you have answers for "how does this impact her status? What are the chances of having problem while re-entering US next time? What should we be putting in future on the travel/visa application form where it says 'did you overstay in US'? "

Your help is greatly appreciated!

Just an FYI. We went to India in May 2015 and returned after a month. We didn't have any issues during Visa interview or POE at US. No questions been asked about NPT or gap. Hopefully there will be no issues during I485 adjudication as well. Does any one know if Last action rule nullify the out of status?

[aknauni]

H1b Over stay.

I was working with company A.
My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B
My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.

I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.